Purified Carboxymethylcellulose from Finland; Notice of Final Results of Antidumping Duty Administrative Review, 28886-28887 [E9-14373]

Download as PDF 28886 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices acquisition of Grupo IMSA (and its subsidiary IMSA), demonstrates that there was little to no change in management structure, supplier relationships, or customer base between pre–acquisition Hylsa and post– acquisition (after the acquisitions of Hylsamex and Grupo IMSA) Ternium. For these reasons, we preliminarily find that Ternium is the successor–ininterest to Hylsa and, thus, should be accorded the same antidumping duty treatment with respect to standard pipe and tube from Mexico as Hylsa. If the above preliminary results are affirmed in the Department’s final results, the cash deposit rate from this changed circumstances review will apply to all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this changed circumstances review. See Granular Polytetrafluoroethylene Resin from Italy; Final Results of Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 2003). Public Comment In accordance with 19 CFR 351.310(c), any interested party may request a hearing within 30 days of publication of this notice. Any hearing, if requested, will be held no later than 37 days after the date of publication of this notice, or the first workday thereafter. Case briefs from interested parties may be submitted not later than 30 days after the date of publication of this notice, in accordance with 19 CFR 351.309(c)(ii). Rebuttal briefs, limited to the issues raised in those comments, may be filed not later than 5 days after the time limit for filing the case brief, in accordance with 19 CFR 351.309(d). All written comments shall be submitted in accordance with 19 CFR 351.303. Persons interested in attending the hearing, if one is requested, should contact the Department for the date and time of the hearing. In accordance with 19 CFR 351.216(e), the Department will issue the final results of its antidumping duty changed circumstances review not later than 270 days after the date on which the review is initiated. During the course of this antidumping duty changed circumstances review, deposit requirements for the subject merchandise exported and manufactured by Ternium will continue to be the all–others rate established in the investigation. See Notice of Antidumping Duty Orders: Certain Circular Welded Non–Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to Final Determination of Sales at Less Than Fair Value: Certain VerDate Nov<24>2008 21:58 Jun 17, 2009 Jkt 217001 Circular Welded Non–Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992). The cash deposit rate will be altered, if warranted, pursuant only to the final results of this review. We are issuing and publishing these preliminary results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and 19 CFR 351.216. Dated: June 11, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–14366 Filed 6–17–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–405–803] Purified Carboxymethylcellulose from Finland; Notice of Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 9, 2009, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on purified carboxymethylcellulose from Finland. See Purified Carboxymethylcellulose from Finland; Preliminary Results of Antidumping Duty Administrative Review, 74 FR 16180 (April 9, 2009) (Preliminary Results). We gave interested parties an opportunity to comment on the Preliminary Results, and received no comments. EFFECTIVE DATE: June 18, 2009. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, or Robert James, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–1121 or (202) 482– 0649, respectively SUPPLEMENTARY INFORMATION: Background On April 9, 2009, the Department published the preliminary results of administrative review of the antidumping duty order covering purified CMC from Finland. See Preliminary Results. The parties subject to this review are CP Kelco Oy and CP Kelco U.S., Inc. (collectively, CP Kelco). The petitioner in this proceeding is the PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Aqualon Company, a division of Hercules Incorporated (Petitioner). In the Preliminary Results, the Department stated that interested parties were to submit case briefs within 30 days of publication of the Preliminary Results and rebuttal briefs within five days after the due date for filing case briefs. See Preliminary Results at 16185. No interested party submitted a case or rebuttal brief. On April 8, 2009, we issued a supplementary questionnaire to CP Kelco to address certain inconsistencies in CP Kelco’s U.S. sales response. CP Kelco responded on April 14, 2009, and submitted a corrected U.S. sales database. We modified the margin calculation program used in the Preliminary Results in order to use CP Kelco’s April 14, 2009, U.S. sales database for the final results. We made no other changes for the final results.1 Period of Review The period of review (POR) is July 1, 2007, through June 30, 2008. Scope of the Order The merchandise covered by this order is all purified carboxymethylcellulose (CMC), sometimes also referred to as purified sodium CMC, polyanionic cellulose, or cellulose gum, which is a white to off– white, non–toxic, odorless, biodegradable powder, comprising sodium CMC that has been refined and purified to a minimum assay of 90 percent. Purified CMC does not include unpurified or crude CMC, CMC Fluidized Polymer Suspensions, and CMC that is cross–linked through heat treatment. Purified CMC is CMC that has undergone one or more purification operations which, at a minimum, reduce the remaining salt and other by–product portion of the product to less than ten percent. The merchandise subject to this order is classified in the Harmonized Tariff Schedule of the United States at subheading 3912.31.00. This tariff classification is provided for convenience and customs purposes; however, the written description of the scope of the order is dispositive. Final Results of Review The Department has determined that the following margins exist for the period July 1, 2007, through June 30, 2008: 1 In past segments of this proceeding, the Department has included the transaction fees relating to the factoring of certain comparison market and U.S. sales by CP Kelco Oy through an affiliated finance company in its dumping margin calculations. However, the Department intends to re-examine the appropriateness of including these affiliated transactions in its calculations in subsequent reviews of this proceeding. E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices the cash deposit rate will be the rate established for the most recent period for the manufacturer of the CP Kelco ....................... 12.00% merchandise; and 3) if neither the exporter nor the manufacturer is a firm covered in this or any previous review Assessment Rates conducted by the Department, the cash Pursuant to these final results, the deposit rate will be the all–others rate Department has determined, and CBP of 6.65 percent ad valorem from the shall assess, antidumping duties on all LTFV investigation. See Purified appropriate entries. The Department intends to issue assessment instructions Carboxymethylcellulose Orders. These deposit requirements, when imposed, for CP Kelco to CBP 15 days after the date of publication of these final results. shall remain in effect until further notice. Pursuant to 19 CFR 351.212(b)(1), we calculated importer–specific (or Reimbursement of Duties customer–specific) ad valorem duty assessment rates based on the ratio of This notice also serves as a final the total amount of the dumping reminder to importers of their margins calculated for the examined responsibility under 19 CFR 351.402(f) sales to the total entered value of those to file a certificate regarding the same sales. We will instruct CBP to reimbursement of antidumping duties assess antidumping duties on all prior to liquidation of the relevant appropriate entries covered by this entries during this POR. Failure to review if any importer–specific (or comply with this requirement could customer–specific) assessment rate result in the Secretary’s presumption calculated in the final results of this that reimbursement of antidumping review are above de minimis. duties occurred and the subsequent The Department clarified its assessment of doubled antidumping ‘‘automatic assessment’’ regulation on duties. May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Administrative Protective Orders Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment of This notice also serves as a reminder Antidumping Duties). This clarification to parties subject to administrative will apply to entries of subject protective orders (APO) of their merchandise during the POR produced responsibility concerning the return or by CP Kelco for which CP Kelco did not destruction of proprietary information know the merchandise was destined for disclosed under APO in accordance the United States. In such instances, we with 19 CFR 351.305(a)(3), which will instruct CBP to liquidate un– continues to govern business reviewed entries at the 6.65 percent all– proprietary information in this segment others rate if there is no company– of the proceeding. Timely written specific rate for an intermediary notification of the return/destruction of involved in the transaction. See Notice APO materials or conversion to judicial of Antidumping Duty Orders: Purified protective order is hereby requested. Carboxymethylcellulose from Finland, Failure to comply with the regulations Mexico, the Netherlands and Sweden, and terms of an APO is a violation 70 FR 39734 (July 11, 2005) (Purified which is subject to sanction. Carboxymethylcellulose Orders). See Assessment of Antidumping Duties for a We are issuing and publishing this full discussion of this clarification. notice in accordance with sections 751(a)(1) and 777(i) of the Tariff Act. Cash Deposit Requirements Dated: June 11, 2009. Furthermore, the following deposit Ronald K. Lorentzen, requirements will be effective upon publication of these final results for all Acting Assistant Secretary for Import shipments of CMC from Finland Administration. entered, or withdrawn from warehouse, [FR Doc. E9–14373 Filed 6–17–09; 8:45 am] for consumption on or after the BILLING CODE 3510–DS–S publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Tariff Act: 1) the cash deposit rate for CP Kelco will be the rate established in the final results of review; 2) if the exporter is not a firm covered in this review or the less–than-fair–value (LTFV) investigation, but the manufacturer is, Manufacturer / Exporter VerDate Nov<24>2008 Weighted Average Margin (percentage) 21:58 Jun 17, 2009 Jkt 217001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 28887 DEPARTMENT OF COMMERCE International Trade Administration [A–201–836] Preliminary Results of Antidumping Duty Changed Circumstances Review: Light–Walled Rectangular Pipe and Tube From Mexico AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 27, 2008, the Department of Commerce (the Department) published in the Federal Register a notice of initiation of a changed circumstances review of the antidumping duty order on light–walled rectangular pipe and tube (LWRPT) from Mexico in order to determine whether Ternium Mexico, S.A. de C.V. (Ternium) is the successor–in-interest to Hylsa S.A. de C.V. (Hylsa) for purposes of determining antidumping duty liability. See Notice of Initiation of Antidumping Duty Changed Circumstances Review: Light–Walled Rectangular Pipe and Tube from Mexico, 73 FR 63686 (October 27, 2008) (Notice of Initiation). We have preliminarily determined that Ternium is the successor–in-interest to Hylsa for purposes of determining antidumping duty liability in this proceeding. Interested parties are invited to comment on these preliminary results. EFFECTIVE DATE: June 18, 2009. FOR FURTHER INFORMATION CONTACT: John Drury or Brian Davis, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0195 or (202) 482– 7924, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the antidumping duty order of LWRPT from Mexico on August 5, 2008. See Light– Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China, and the Republic of Korea (Korea): Antidumping Duty Orders; Light–Walled Rectangular Pipe and Tube from Korea: Notice of Amended Final Determination of Sales at Less Than Fair Value, 73 FR 45403 (August 5, 2008). On September 3, 2008, Ternium filed a request for a changed circumstances review of the antidumping duty order of LWRPT from Mexico (Initial Submission), claiming that Hylsa, a Mexican producer of LWRPT, changed its name to Ternium. Ternium requested E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 74, Number 116 (Thursday, June 18, 2009)]
[Notices]
[Pages 28886-28887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-405-803]


Purified Carboxymethylcellulose from Finland; Notice of Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 9, 2009, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on purified 
carboxymethylcellulose from Finland. See Purified 
Carboxymethylcellulose from Finland; Preliminary Results of Antidumping 
Duty Administrative Review, 74 FR 16180 (April 9, 2009) (Preliminary 
Results). We gave interested parties an opportunity to comment on the 
Preliminary Results, and received no comments.

EFFECTIVE DATE: June 18, 2009.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-1121 
or (202) 482-0649, respectively

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 2009, the Department published the preliminary results 
of administrative review of the antidumping duty order covering 
purified CMC from Finland. See Preliminary Results. The parties subject 
to this review are CP Kelco Oy and CP Kelco U.S., Inc. (collectively, 
CP Kelco). The petitioner in this proceeding is the Aqualon Company, a 
division of Hercules Incorporated (Petitioner).
    In the Preliminary Results, the Department stated that interested 
parties were to submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results at 16185. No 
interested party submitted a case or rebuttal brief. On April 8, 2009, 
we issued a supplementary questionnaire to CP Kelco to address certain 
inconsistencies in CP Kelco's U.S. sales response. CP Kelco responded 
on April 14, 2009, and submitted a corrected U.S. sales database. We 
modified the margin calculation program used in the Preliminary Results 
in order to use CP Kelco's April 14, 2009, U.S. sales database for the 
final results. We made no other changes for the final results.\1\
---------------------------------------------------------------------------

    \1\ In past segments of this proceeding, the Department has 
included the transaction fees relating to the factoring of certain 
comparison market and U.S. sales by CP Kelco Oy through an 
affiliated finance company in its dumping margin calculations. 
However, the Department intends to re-examine the appropriateness of 
including these affiliated transactions in its calculations in 
subsequent reviews of this proceeding.
---------------------------------------------------------------------------

Period of Review

    The period of review (POR) is July 1, 2007, through June 30, 2008.

Scope of the Order

    The merchandise covered by this order is all purified 
carboxymethylcellulose (CMC), sometimes also referred to as purified 
sodium CMC, polyanionic cellulose, or cellulose gum, which is a white 
to off-white, non-toxic, odorless, biodegradable powder, comprising 
sodium CMC that has been refined and purified to a minimum assay of 90 
percent. Purified CMC does not include unpurified or crude CMC, CMC 
Fluidized Polymer Suspensions, and CMC that is cross-linked through 
heat treatment. Purified CMC is CMC that has undergone one or more 
purification operations which, at a minimum, reduce the remaining salt 
and other by-product portion of the product to less than ten percent. 
The merchandise subject to this order is classified in the Harmonized 
Tariff Schedule of the United States at subheading 3912.31.00. This 
tariff classification is provided for convenience and customs purposes; 
however, the written description of the scope of the order is 
dispositive.

Final Results of Review

    The Department has determined that the following margins exist for 
the period July 1, 2007, through June 30, 2008:

[[Page 28887]]



------------------------------------------------------------------------
                                                       Weighted Average
               Manufacturer / Exporter                      Margin
                                                         (percentage)
------------------------------------------------------------------------
CP Kelco............................................       12.00[percnt]
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department has determined, and 
CBP shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions for CP Kelco to CBP 
15 days after the date of publication of these final results. Pursuant 
to 19 CFR 351.212(b)(1), we calculated importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific (or customer-specific) assessment rate 
calculated in the final results of this review are above de minimis.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the POR produced by CP Kelco for which CP 
Kelco did not know the merchandise was destined for the United States. 
In such instances, we will instruct CBP to liquidate un-reviewed 
entries at the 6.65 percent all-others rate if there is no company-
specific rate for an intermediary involved in the transaction. See 
Notice of Antidumping Duty Orders: Purified Carboxymethylcellulose from 
Finland, Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11, 
2005) (Purified Carboxymethylcellulose Orders). See Assessment of 
Antidumping Duties for a full discussion of this clarification.

Cash Deposit Requirements

    Furthermore, the following deposit requirements will be effective 
upon publication of these final results for all shipments of CMC from 
Finland entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results of this administrative 
review, as provided by section 751(a)(1) of the Tariff Act: 1) the cash 
deposit rate for CP Kelco will be the rate established in the final 
results of review; 2) if the exporter is not a firm covered in this 
review or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and 3) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review conducted by the Department, the cash deposit 
rate will be the all-others rate of 6.65 percent ad valorem from the 
LTFV investigation. See Purified Carboxymethylcellulose Orders. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Tariff Act.

    Dated: June 11, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-14373 Filed 6-17-09; 8:45 am]
BILLING CODE 3510-DS-S

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